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W2 和1099 的区别, 一定要注意。 不要1099

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W2 vs 1099 For most of us the actual difference between 1099 Independent Contractors and W-2 Employees is clear cut for several reasons. But there are many of us out there that have   never encountered it or never even thought to discover and understand their differences. Use the links on this page for additional information. 


1楼2010-01-18 00:23回复
    W2 Payroll
    We will begin with W2 because it is most common, chances are the majority if not all the jobs you’ve had in the past used W2.
    When a person is paid on the form W-2, the employer will automatically withhold and pay all of the necessary employee income taxes which are required by the IRS. The applicable taxes include: Federal Income Tax, State Income Tax, and FICA (Social Security and Medicare). In addition, the employer will pay all of the necessary employer taxes. These taxes shall include: FICA (Social Security and Medicare), FUTA (Federal Unemployment Tax), and SUI (State Unemployment Tax).
    In most cases, the employer will provide the equipment and office space you will need. You may be eligible for some or all of the benefits your employer may offer to permanent employees such as medical, life, and disability insurance; pension plans; sick days; paid holidays, etc.
    


    2楼2010-01-18 00:24
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      2025-11-23 22:58:14
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      1099 Payroll
      Working on a 1099 basis actually means that you are working as a true Independent Contractor under the IRS rules. You work on a 1099 basis when you are self employed such as a sole proprietor or as a corporation. Your clients will report the monies they pay you to the IRS on a 1099 form. Your clients will typically contract with you to work on a specific project. You should have a written contract with each client that will outline the work you will perform, the fees an or cost the client will pay, and how the client will pay you. You will forward invoices to the client according to the contract terms.
      


      3楼2010-01-18 00:25
      回复
        Hi softballkid,
        I guess the main advantage is that you'll have a job!   8-)   With W-2
        status, you will be an employee of the agency rather than being self
        employed as you are with 1099 status.   The difference will be that
        you'll find things a bit easier tax-wise (taxes will be taken out of
        your paycheck and the agency will pay half of your social security
        tax), but you will lose your independence and the ability to negotiate
        your own terms.
        What is the difference between an Independent Contractor and an Employee?
        "The difference primarily affects tax status. An independent
        contractor (IC) is not an employee of anyone but himself (self
        employed) but instead invoices and is paid by the client just as the
        client would pay any contractor. The client reports the payment to the
        IRS on a form 1099 but does not withhold taxes or pay social security
        tax. Other laws and regulations concerning employment, such as
        wage-hour (requiring overtime for certain employees) and workers
        compensation do not apply."
        "A contract employee is an employee of a temporary service agency.
        That agency reports the employee's earnings to the IRS on a form W-2,
        withholds Federal and state income tax, and pays the employer's share
        of the social security tax. All federal and state employment laws
        apply. The employee is not an employee of the client, for whom he
        performs his services. That client actually is a client of the
        temporary services agency."
        http://www.jashaw.com/solo/solo1.html
        "Often the decision of 1099 or W2 status is based on the circumstances
        of the work. If you are going to work directly for a company to
        complete a project, and are to be paid a fixed amount for the project,
        then there is usually no choice but 1099 status. The company will
        issue a purchase order to you, you will complete the work and invoice
        the company.
        On the other hand, if you are a contract employee working through a
        temp agency the agency may not handle 1099 pay, or requires that you
        be incorporated to avoid a W-2."
        http://www.jashaw.com/solo/solo1.html
        1099 or W-2 Which Plan is for Me?
        Characteristics of a W2 Employee
        "You work as a W2 employee when your client or an agency places you on
        their payroll, usually to work on a specific project. The client or
        agency reports your income to the IRS on a W2 form. As a W2 employee,
        you receive a regular paycheck from which your employer withholds all
        federal, state, and local taxes. You file regular state and federal
        tax returns, just as you would if you were a permanent employee.
        In most cases, the employer provides the equipment and office space
        you need. You may be eligible for some or all of the benefits your
        employer offers to permanent employees such as medical, life, and
        disability insurance; pension plans; sick days; paid holidays, etc."
        Characteristics of a 1099 Contractor
        "Working on a 1099 basis means that you are working as a true
        independent contractor under the IRS rules. You work on a 1099 basis
        when you are in business for yourself as a sole proprietor or as a
        corporation. Your clients report the money they pay you to the IRS on
        a 1099 form. Your clients typically contract with you to work on a
        specific project. You should have a written contract with each client
        that delineates the work you will perform, the fees the client will
        pay, and how the client will pay you. You will send invoices to the
        client in accordance with the contract terms.
        True independent contractors are responsible for tracking all business
        expenses and income and for making quarterly federal and state income
        tax payments."
        http://ework.com/WSClassification.jsp
        


        4楼2010-01-18 00:37
        回复

          Advantages of 1099 status:
          "The IC has more freedom to negotiate his terms of payment than an employee..."
          "The IC does not have withholding tax deducted from his pay check..."
          "An employer must also pay certain required benefits, such as workers
          compensation insurance..."
          Advantages of W-2 status:
          "Working as an employee (contract or permanent, direct) also has
          advantages. Taxes are taken out of each paycheck, and the employer
          (for a contractor, the agency) pays the employer?s half of the social
          security tax... For many people, this will eliminate the need to hire
          an accountant or lawyer to prepare the taxes (although for a family
          there may be other reasons to use a tax professional)."
          http://www.jashaw.com/solo/solo1.html
          A good way to determine the differences is to have a look a the THE
          IRS CONTROL TEST ("an analytical tool for distinguishing employees
          from independent contractors").
          BEHAVIORAL CONTROL
          "Instructions. If a company gives a worker instructions pertaining to
          how the work gets done rather than simply to the end product, this is
          evidence of an employer-employee relationship..."
          "Training. Ongoing training about specific methods and procedures is
          evidence of an employer-employee relationship."
          FINANCIAL CONTROL
          "Opportunity for profit or loss. The IRS considers the opportunity for
          profit or loss to be the most significant test of whether a worker
          maintains control over the economic aspects of his or her activities."
          - Significant investment.
          - Unreimbursed expenses.
          - Services available to the relevant market.
          RELATIONSHIP OF THE PARTIES
          "Intent of the Parties/Written contracts. In determining the
          relationship between a worker and a company, the IRS considers how the
          written contract describes the intent of the parties involved.
          - Benefits. If a company grants a worker employee benefits, such as
          health insurance or paid vacation time, this is evidence of employee
          status.
          - Termination. Traditionally, the terms on which either party could
          terminate the relationship played an important role in determining
          whether a worker was an independent contractor or an employee."
          - Ongoing Relationship. If a business and a worker enter into a
          relationship with the understanding that it will be permanent or
          indefinite, this is evidence of an employment relationship."
          - Regular Business Activity. If a worker performs activities or
          services that are "a key aspect of the regular business of the
          company," this is evidence of an employment relationship."
          http://ework.com/WSClassification.jsp
          What is the difference between a Form W-2 and a Form 1099-MISC?
          http://www.irs.gov/faqs/faq12-2.html
          1099s and Taxes
          "When a person is paid on the form, 1099-misc, all money earned by the
          individual is paid on an untaxed basis. It is then the responsibility
          of the individual to file and pay the appropriate taxes. These taxes
          can be owed to Federal, State and Local governments. Workers
          compensation and unemployment issues also must be addressed
          independently."
          W-2s and Taxes
          "When a person is paid on the form W-2, the employer automatically
          withholds and pays all of the necessary employee income taxes as
          required by the IRS. These taxes include: Federal Income Tax, State
          Income Tax, and FICA (Social Security and Medicare). In addition, the
          employer will pay all of the necessary employer taxes. These taxes
          include: FICA (Social Security and Medicare), FUTA (Federal
          Unemployment Tax), and SUI (State Unemployment Tax)."
          http://www.topechelon.com/employers/contracting_definition.htm
          Making the Jump: Moving from Permanent to Contract Employment:
          http://www.sage.org/resources/best.of/jump.mm
          I hope this helps. If you have any questions, please post a
          clarification request *before* closing/rating my answer and I'll be
          happy to reply.
          Thank you,
          hummer 


          5楼2010-01-18 00:37
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